Bring ‘Obamacare’ case back with the right questions

Published: Monday, April 29, 2013 at 02:51 PM.

A lot of you were shocked and disappointed at the U.S. Supreme Court in the “Obamacare” decision, “It was constitutional,” on the basis in which it was questioned. If you look at the historical record of Supreme Court decisions, you will find them narrow and strictly confined to the issues in controversy. Bluntly, if the question is not asked, it will not be answered.

In this case it was a 5-4 decision in which Chief Justice John Roberts wrote first what was to be the majority opinion and then he suddenly switched sides and wrote his new majority opinion saying it was “constitutional,” he also stated “there was no law under which the federal government could force the states to implement the law.” He also made the statement that “The penalty the law imposed for not buying ‘acceptable’ insurance was in fact a “tax.”

It appears to me that in naming the “penalty” a “tax,”, Roberts was telling the losing attorneys to “Come back to the court with the right questions.” The court and the attorneys had to know the “Obamacare” law came from a bill that originated in the Senate. Under the U.S. Constitution the U.S. Senate has no authority whatsoever to originate any bill to raise revenue, or impose taxes. There is no way the political progressives can hide Senate-originated tax laws behind the “Commerce clause” of the Constitution like the Department of Education and the EPA. Article I, Section 7 of the U.S. Constitution says, “all bills for raising revenue shall originate in the House of Representatives…”

If the Speaker of the House is really a “Speaker,” he will zealously, in the courts as well as in the House, defend the Constitutional prerogatives of the U.S. House of Representatives.

FRANK B. TURBERVILLE JR. Milton

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A lot of you were shocked and disappointed at the U.S. Supreme Court in the “Obamacare” decision, “It was constitutional,” on the basis in which it was questioned. If you look at the historical record of Supreme Court decisions, you will find them narrow and strictly confined to the issues in controversy. Bluntly, if the question is not asked, it will not be answered.

In this case it was a 5-4 decision in which Chief Justice John Roberts wrote first what was to be the majority opinion and then he suddenly switched sides and wrote his new majority opinion saying it was “constitutional,” he also stated “there was no law under which the federal government could force the states to implement the law.” He also made the statement that “The penalty the law imposed for not buying ‘acceptable’ insurance was in fact a “tax.”

It appears to me that in naming the “penalty” a “tax,”, Roberts was telling the losing attorneys to “Come back to the court with the right questions.” The court and the attorneys had to know the “Obamacare” law came from a bill that originated in the Senate. Under the U.S. Constitution the U.S. Senate has no authority whatsoever to originate any bill to raise revenue, or impose taxes. There is no way the political progressives can hide Senate-originated tax laws behind the “Commerce clause” of the Constitution like the Department of Education and the EPA. Article I, Section 7 of the U.S. Constitution says, “all bills for raising revenue shall originate in the House of Representatives…”

If the Speaker of the House is really a “Speaker,” he will zealously, in the courts as well as in the House, defend the Constitutional prerogatives of the U.S. House of Representatives.